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Eastern Band of
Cherokee Historical Outline
The Eastern Band of Cherokees have been thus officially recognized to
distinguish them from that portion of the nation which emigrated west, between
1809 and 1817, and located on the public domain at the headwaters of Arkansas
and White rivers, now in Cherokee nation, Indian territory. The latter became
known as the Cherokee nation west, while the general term, the Cherokee nation
included both. Between 1785, when certain boundaries were allotted to these
Indians for hunting grounds, and 1809, when the movement westward was initiated
of their own deliberate choice, annuities were from time to time granted by the
United States in consideration of the successive sales to the United States of
portions of their land.
By a treaty made in 1817 the Cherokee nation ceded to the United States certain
land lying east of the Mississippi river, and in exchange for the same the
United States ceded to that part of the nation on the Arkansas river as much
land on said river, acre for acre, as the United States received from the
Cherokee nation east of the Mississippi river, and provided that all treaties
then in force should continue in full force with both parts of the nation.
As early as 1809 the aggregate of annuities due the nation on account of the
sale of lands to the United States had reached the sum of $100,000, and it was
provided by articles of the treaty of 1817 that a census should be taken of
those east and of those west, and of those still intending to remove west, and
also that a division of the annuities should be made ratably, according to
numbers as ascertained by said census, between those who were east and those who
were west. Thus the tribe or nation, although geographically separated, was
treated as a unit, and all property owned by it was treated as common property.
By a treaty made in 1819 the formal census was dispensed with, and for the
purposes of distribution it was assumed that one-third had removed west and that
two-thirds were yet remaining east of the Mississippi river. At the same time
the nation made a further cession to the United States of land lying east of the
Mississippi. Upon the basis of this estimate of numbers, in lieu of a census,
annuities were distributed until the year 1835.
By a treaty made in 1828 with the Cherokees west the United States guaranteed to
them 7,000,000 acres, with a perpetual outlet west as far as the sovereignty and
right of soil of the United States extended. This vast tract was in what is now
known as Indian territory, and the Cherokees at the same time surrendered the
lands occupied by them on the Arkansas and White rivers, to which they had
removed between the years 1809 and 1.817. By the same treaty special inducements
were offered to those east to remove west, including a rifle, blanket, kettle, 5
pounds of tobacco, and cost of emigration, with a just compensation for the
property which each might abandon.
The treaty of 1833 simply redefined the boundaries of the land mentioned in the
treaty of 1828. In 1835 the Cherokees still held a quantity of land east of the
Mississippi larger than the states of Massachusetts, Rhode Island, and
Connecticut. It had been agreed that the United States Senate should fix the
price that should be paid for these lands in contemplation of the cession of the
same to the United States. The Senate fixed the price at $5,000,000. The
Original draft of the treaty of 1835 authorized such Cherokees as so desired to
remain east, and in such event to set apart certain lands to them, By a
supplemental treaty in 1836 the United States initiated the policy of compelling
the Eastern Cherokees to remove west. General Scott employed troops for the
purpose. It was a fearful policy. The Indians were hunted over their native
lands as if they were wild beasts. As many as escaped capture clung to their
homes, and by the treaty of 1846 it was agreed that they might remain.
Cross suits and conflicts between the two bands of Cherokees as to their rights
to different funds have occupied the attention of the federal courts and the
Court of Claims proper. Present litigation involves more especially their title
to the lands now occupied by them, which were purchased for them by their agent,
W. H. Thomas, as trustee for that purpose, from their share of funds held by the
United States for their benefit. Encroachments upon these lands, plundering of
timber, and all forms of aggression are still harassing their peace and
antagonizing their efforts to be an industrious, contented, arid prosperous
portion of the people of North Carolina. The details of the litigation in
progress and the failure of Mr. Thomas to secure or preserve the muniments of a
perfect title to the lands he purchased in their behalf are not admissible in
this brief outline of their condition in 1800. The looseness with which, for a
small fee, the state of North Carolina permits entries upon lands known to fall
within the territory embraced in the deeds by Mr. Thomas adds its uncertainty to
aggravate the unrest which is everywhere visible among this people as to what
they really own in consideration of the money with which they parted, they
rightfully expecting valid and permanent titles. The Eastern Band of Cherokees
are good citizens, moral and industrious, in spite of the jealousies of white
people and the unworthy forms of moral constraint by which it is sought to force
them from the homes they own.
In the year 1874, pursuant to act of Congress passed in 1870 (16 United States
Statutes, page 130), which authorized these Indians to institute suit in the
circuit court of the United States for the western district of North Carolina
against Thomas, a reference of the subject matter of conflict was made to an
able commission, consisting of Rufus Barringer, John H. Dillard, and T. Ruffin.
A decree of award was subsequently made in accordance with the findings of the
commission, and since their approval in November 1874, and a confirmatory act of
Congress in 1876 proceedings have been in progress to define the exact
boundaries of the various tracts set forth in said award and to discover the
chain of title through which Thomas and his representatives derived the same.
(See House Executive Document No. 106, Forty-seventh Congress, first session,
for particulars respecting the conveyance of the Qualla boundary, stated as
50,000 acres, to the Eastern Band of Cherokees of North Carolina, October 9,
1876, and conveyance of August 14, 1880, of 15,211 acres to the Commissioner of
Indian Affairs and his successors of outlying lands in. Cherokee and other
counties, in trust for said band.) (a)
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Footnotes:
a The presence anti
assistance of George H. Smothers, esq.,
acting assistant United States attorney for
the western district of North Carolina, mid
representing the Cherokees, greatly sided
inquiry respecting their present legal
status in the federal courts.
Additional Resources
Notes About the Book:
Source: Indians, Eastern Band of Cherokees of North Carolina, by Thomas
Donaldson, 1892, 11th Census of the United States, Robert P. Porter,
Superintendent, US Printing Office, Washington, D.C.
Online Publication: The manuscript was scanned and
then ocr'd. Minimal editing has been done, and readers can and should expect
some errors in the textual output.
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